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Stipulatio
''Stipulatio'' was the basic form of contract in Roman law. It was made in the format of question and answer. Capacity In order for a contract to be valid, parties must have capacity: both ''intellectus'' ("understanding") and '' voluntas'' ("wish", "will"). Lunatics and infants lacked ''intellectus'', and could not fully understand a legally-binding contract, or understand it, and therefore could not legally agree to one. Slaves lacked ''voluntas'' and therefore could not contract. Although slaves could not be bound by a contract, they could contract to benefit their master, even without his permission, (because he would then be able to choose whether or not to enforce it or with his consent, might burden him, because he would provide the necessary ''voluntas''. Wards and women could stipulate under their tutor's authority, and this was not needed if they benefited under the stipulation. Intention to be bound The orthodox argument is that intention was not an essential condition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cautelary Jurisprudence
Cautelary jurisprudence is law made in a precautionary way prior to or outside of the normal legislative enactment. It meant empirical, practical legal efforts aimed at solving individual cases, as distinguished from regular jurisprudence which sought to establish abstract rules under which individual cases would fall.Tuori, Kaius. ''Ancient Roman Lawyers and Modern Legal Ideals: Studies on the Impact of Contemporary Concerns in the Interpretation of Ancient Roman Legal History'' Vittorio Klostermann: 2007 ; p. 42 Its first proponent was Quintus Mucius Scaevola Pontifex, who thus gave his name to the Roman designation for this kind of law, the '' cautio muciana''. Cautelary law is a tentative "procedure" used by lawyers. Initially, in Ancient Rome, the idea of inheritance as being subject to conditions was not in practice. With ''cautio muciana'' it gave those who are to inherit a legacy, the ''legatees'', a "negative authority" over something which otherwise would not have occu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barry Nicholas
John Keiran Barry Moylan Nicholas (1919–2002) was a British legal scholar. He was Professor of Comparative Law at the University of Oxford from 1971 to 1978, and Principal of Brasenose College, Oxford, from 1978 to 1989. Early life Nicholas was born on 6 July 1919 to Archibald John Nicholas and Rose (née Moylan). He was educated at Downside School, a Catholic independent school in Somerset, England. He then matriculated into Brasenose College, Oxford, where he was a scholar and studied classics: he achieved first class honours in '' Mods'' in 1939. Having taken a break from university to serve in the war, he returned to his college to study Jurisprudence: he graduated with a first class Bachelor of Arts (BA) degree in 1946. Academic career He began teaching at Brasenose College, Oxford, in 1946, and served as Principal of the college from 1978 to 1989. He gave up the position at the appointed age of 70, but he did not retire. He additionally served as All Souls Reader in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consensual Contract
Consensu or obligatio consensu or obligatio consensu contracta or obligations ex consensuGeorge Bowyer, ''Commentaries on the Modern Civil Law'' (London: V & R Stevens and G S Norton, 1848), chapter 26p 201 or contractus ex consensu or contracts consensu or consensual contracts or obligations by consent are, in Roman law, those contracts which do not require formalities. These contracts were formed by the mere consent of the parties, there being no requirement for any writing or formalities, nor even for the presence of the parties. Such contracts were bilateral, that is to say, they bound both parties to them. Such contracts depended on the ''ius gentium'' for their validity and were enforced by praetorian actions, ''bonae fidei'', and not by actions ''stricti juris'', as were the contracts which depended on the classical ''ius civile'' of Rome. The term "consensual" does not mean that the consent of the parties is more emphatically given than in other forms of agreement, but it i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marcus Antistius Labeo
Marcus Antistius Labeo (d. 10 or 11 AD) was a Roman jurist. Marcus Antistius Labeo was the son of Pacuvius Labeo, a jurist who caused himself to be slain after the defeat of his party at Philippi. Since his name was different from his father's, he was presumably adopted by an otherwise unknown Antistius. A member of plebeian nobility in easy circumstances young Labeo entered public life early. Marcus Antistius rose quickly to the praetorship; but undisguised antipathy for the new regime and brusque manner he occasionally gave expression to Republican sympathies in the Senate – what Tacitus calls his ''incorrupta libertas'' – proved an obstacle to his advancement. His rival, Ateius Capito, a loyal client of new ruling powers, was promoted by Caesar Augustus to the consulate even though Labeo was in line for the job. Smarting under the wrong done him, Labeo declined the office when it was offered to him in a subsequent year. From this time he seems to have devoted his whole ti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maurus Servius Honoratus
Servius was a late fourth-century and early fifth-century grammarian. He earned a contemporary reputation as the most learned man of his generation in Italy; he authored a set of commentaries on the works of Virgil. These works, ''In tria Virgilii Opera Expositio'', constituted the first incunable to be printed at Florence, by Bernardo Cennini, in 1471. In the ''Saturnalia'' of Macrobius, Servius appears as one of the interlocutors; allusions in that work and a letter from Symmachus to Servius indicate that he was not a convert to Christianity. Commentary on Virgil The commentary on Virgil ( la, In Vergilii Aeneidem commentarii) survives in two distinct manuscript traditions. The first is a comparatively short commentary, attributed to Servius in the superscription in the manuscripts and by other internal evidence. The second class derive from the 10th and 11th centuries, embed the same text in a much expanded commentary. The copious additions are in contrasting style t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ulpian
Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to the Law of Citations of Valentinian III. Biography The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222. He made his first appearance in public life as assessor in the auditorium of Papinian and member of the council of Septimius Severus; under Caracalla he was master of the requests (''magister libellorum''). Elagabalus (also known as Heliogabalus) banished him from Rome, but on the accession of Severus Alexander (222) he was reinstated, and finally became the emperor's chief adviser and ''Praefectus Praetorio''. During the Severan dynasty, the position of Praetorian prefect in Italy came increasingly to resemble a general administrative post, and there was a tendency to ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sextus Julius Africanus
Sextus Julius Africanus (c. 160 – c. 240; Greek: Σέξτος Ἰούλιος ὁ Ἀφρικανός or ὁ Λίβυς) was a Christian traveler and historian of the late second and early third centuries. He is important chiefly because of his influence on Eusebius, on all the later writers of Church history among the Church Fathers, and on the whole Greek school of chroniclers. Biography The Suda claims Africanus was a "Libyan philosopher", while Gelzer considers him of Roman and Ethiopian descent. Julius called himself a native of Jerusalem – which some scholars consider his birthplace – and lived at the neighbouring Emmaus. His chronicle indicates his familiarity with the topography of historic Judea. Little of Africanus's life is known and all dates are uncertain. One tradition places him under the Emperor Gordianus III (238–244), others mention him under Severus Alexander (222–235). He appears to have known Abgar VIII (176–213). Africa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digest (Roman Law)
The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Digest'' was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the (). The other two parts were a collection of statutes, the (Code), which survives in a second edition, and an introductory textbook, the Institutes; all three parts were given force of law. The set was intended to be complete, but Justinian passed further legislation, which was later collected separately as the (New Laws or, conventionally, the "Novels"). History The original ''Codex Justinianus'' was promulgated in April of 529 by the C. "Summa". This made it the only source of imperial law, and repealed all earlier codifications. However, it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florentinus
Florentinus was a Roman politician who served as Urban prefect of Rome from 395 to 397 AD. Career A native of Augusta Treverorum, Florentinus was possibly a Notarius around 379/380 AD. He was the Comes sacrarum largitionum in the west from 385 to 386 and the Quaestor sacri palatii in 395. After this he was given the post of Praefectus urbi of Rome, serving from 395 to the end of 397 AD before he was replaced by Lampadius. During his time as Urban Prefect, Florentinus received numerous missives from the emperor Honorius concerning the duties, restrictions and rewards for the decurions. He was also reprimanded by the emperor for issuing post warrants without imperial authorisation.Pharr, pg. 203 Soon after his term as Urban Prefect had ended he entered into retirement, living in Gaul. During his time in office, he received regular correspondence from Quintus Aurelius Symmachus, while Claudian Claudius Claudianus, known in English as Claudian (; c. 370 – c. 404 AD), was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gaius (jurist)
Gaius (; '' fl.'' AD 130–180) was a Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name ('' praenomen''). As with his name it is difficult to ascertain the span of his life, but it is safe to assume he lived from AD 110 to at least AD 179, since he wrote on legislation passed within that time. From internal evidence in his works it may be gathered that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as of great authority, and the emperor Theodosius II named him in the ''Law of Citations,'' along with Papinian, Ulpian, Modestinus and Paulus, as one of the five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became most important sou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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